Elder Abuse

CPM is one of the foremost law firms in the nation in representing senior citizens victimized by physical or financial abuse. Elder abuse is a serious and growing problem, especially with the baby boom generation entering retirement. In recognition of this problem, California has a unique law providing enhanced protections against elder abuse. CPM has successfully brought dozens of lawsuits under the statute. The firm has been highly successful in actions on behalf of seniors who have been seriously injured in nursing homes, and seniors who have been defrauded into purchasing unsuitable financial products.

CPM receives inquiries each week from family members concerned with the devastating problem of elder abuse. CPM has ongoing cases and investigations into the physical and financial abuse of senior citizens. The firm has handled many different types of elder abuse cases, such as actions arising out of deaths of three elderly people who went without care when temperatures reached 100-plus degrees in their nursing home.

RECENT CASES OF NOTE

Richter et al. v. CC-Palo Alto, Inc.USDC, Northern District of CaliforniaCPM is pursuing a class action complaint on behalf of the 500 residents of the Vi-Palo Alto, a Continuing Care Retirement Community (CCRC). Among CPM’s clients (the proposed class representatives) are a retired Nobel Prize winner, doctor, World War II journalist and a unique collection of accomplished South Bay senior citizens. The facility is located on Stanford land. The lawsuit is believed to the first of its kind in the Bay Area challenging a CCRC’s financial practices. The complaint alleges that $190 million dollars was “up-streamed” from the Palo Alto facility to its corporate parent in Chicago, thus leaving the senior citizen residents financially vulnerable. Those funds were to be returned to the senior citizens when they moved out, or returned to their families when they passed away. The complaint alleges that the Chicago company has refused to return the money to Palo Alto.

Shook v. LaFarreSan Mateo County Superior CourtIn April 2014, CPM won an elder abuse jury trial in San Mateo County Superior Court. CPM represented a family in a dispute about the estate of long time San Francisco resident Rudolph R. Cook. CPM alleged that the defendant Cyrus LaFarre, a neighbor of Mr. Cook’s, had duped Mr. Cook into amending his estate plan and giving his money to Mr. LaFarre. After Mr. Cook passed away in March 2013, the family learned that Mr. LaFarre claimed that he had been left the majority of Mr. Cook’s estate and had been named as the trustee of Mr. Cook’s trust. The amendment to Mr. Cook’s long time estate plan was procured in August 2012, and purported to give most of Mr. Cook’s $2M estate to the defendant. The case was difficult as Mr. Cook had passed away and much of the financial records and other documents had been destroyed. Despite that difficulty, the jury unanimously determined that Mr. LaFarre had committed financial elder abuse.

Olt v. Albert Moriarty et al.San Luis Obispo County Superior CourtCPM along with co-counsel at the Ernst Law Group, represents a 70 year old widowed school teacher in an action for financial elder abuse against individuals involved in an alleged Ponzi scheme to take seniors' retirement funds. As alleged in the complaint, Albert (“Al”) Moriarty and his business Moriarty Enterprises conned the plaintiff out of her retirement savings by claiming that money borrowed would be used to make loans to school teachers and would be returned with 10% interest. Since CPM filed the complaint in August 2012, Al Moriarty has been arrested with a criminal complaint filed against him after investigation by the San Luis Obispo County District Attorney’s Office and California Department of Corporations, with help from the FBI and the California Department of Insurance.

Pauline Gogol v. Mills-Peninsula Health Services d/b/a Mills-Peninsula Skilled NursingSan Mateo Superior CourtIn July 2012, CPM won a $1,844,400 jury verdict after a two week trial on behalf of an 86 year old resident of San Mateo County who was injured in a nursing home. The jury also made a finding of clear and convincing evidence of recklessness, oppression, fraud or malice for an additional award of attorneys fees and punitive damages. Ms. Gogol was recovering from a hip replacement at defendant’s nursing home when she was dropped, breaking her recently replaced hip. She was placed back in bed without the injury being reported. Due to her cognitive impairment she had no memory of how her injury occurred. She received treatment only after a family member discovered her injuries. The case settled before the punitive damage phase of the trial.

Pauline B. Reade v. Fetuu Tupofutuna, et al.San Mateo County Superior CourtCPM and The Legal Aid Society of San Mateo County provided pro bono representation to a 89 year old elderly widow, Pauline Reade, who was bilked out of nearly $600,000. Ms. Reade faced foreclosure on her Pacifica home after a scam contractor tricked her into signing loan documents with various banks and mortgage entities. The action was filed to stop the sale against various individuals and entities involved in the loan transaction, including, RBS Financial Products, Inc., Deutsche Bank National Trust Co., GMAC Mortgage, LLC, Mortgage Electronic Registration Systems, Inc. Executive Trustee Services, Paul Financial, Fetuu Tupoufutuna and Mohammed Ali George.

Snyder v. Menon et al.Marin County Superior CourtAction against lender, title company and individuals for fraud and elder abuse based upon the fraudulent inflation of the purchase price of a property the Plaintiffs sought to purchase.

Foroudian v. Wilson et al.San Mateo County Superior CourtAction for fraud and elder abuse against title company, hard money lenders, plaintiffs’ son and his ex-girlfriend for fraud and elder abuse resulting in Foroudians incurring $2M in debt for the benefit of defendants.

Rodriguez v. Res-Care, Inc. et al.San Mateo County Superior CourtCPM filed an elder abuse case against ResCare on behalf of a victim who suffered second and third degree burns when she was put in a shower for 20 minutes with scalding, 130 to 135-degree temperature water. The suit also seeks punitive damages and funding for future care. The case settled in 2008.

Coleman v. Wright et alSan Mateo County Superior CourtAction for fraud and elder abuse against lenders and brokers who perpetrated and assisted fraudulent "foreclosure assistance" scam to steal home of Plaintiffs.

Shekhter v. Greengables Villa Care Home et alAlameda County Superior CourtAction for elder abuse against adult care facility for neglect and physical abuse in connection with the care of 94 year old woman.

Platon v. A&C Health Care ServicesSanta Clara County Superior CourtAction for elder abuse and negligence against adult care facility for neglect and physical abuse of 91 year old resident.